The Daily Bloom
LEGAL DISCLAIMERS AND TERMS AND CONDITIONS OF THE USE OF THIS SITE
General
Your use of The Daily Bloom Website (the “Site”) constitutes your agreement and acceptance without modification of the legal disclaimers, notices, terms and conditions set forth herein (the “Terms and Conditions”). If you do not agree and accept without modification the legal disclaimers, notices, terms and conditions set forth herein, do not use this Site. These Terms and Conditions of use are subject to change from time to time without notice. Your use of the Site following any change constitutes your agreement to be bound by the terms and conditions then in effect. The materials, images and all products and services available on or associated with the Site are provided by NL Coleman LLC.
Use License
NL Coleman LLC grants you permission to view this Site and to print individual pages from this Site for your own personal, noncommercial use, provided that you agree to and accept without modification the notices, terms and conditions set forth in this agreement.
Copyrights
The Site, and all materials on this Site, including photographs, designs, illustrations, images and text, and all software, applications and services available on or associated with the Site, are the copyrighted property of NL Coleman LLC and its affiliates or its licensors. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, material, software, applications or services from this Site.
Trademarks
The trademarks, service marks and logos (the “Trademarks”) used and displayed on this Site are registered or unregistered trademarks of NL Coleman LLC and others. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site, without the prior written permission of the Trademark owner. The Daily Bloom name (and the name NL Coleman LLC) may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior written permission from NL Coleman LLC. NL Coleman LLC prohibits use of any links to the Site unless establishment of such a link is approved in advance by NL Coleman LLC in writing. Fair use of NL Coleman LLC’s Trademarks requires proper acknowledgment. Other product and company names mentioned in this Site may be the Trademarks of their respective owners, and should not be used without the permission of the trademark owner.
Links to Third Party Sites
This Site may contain links to sites owned or operated by parties other than NL Coleman LLC. Such links are provided for your reference only. NL Coleman LLC does not control outside sites and is not responsible for their content. NL Coleman LLC’s inclusion of links to an outside site does not imply any endorsement of the material on the site or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does inclusion of the links imply that NL Coleman LLC is authorized to use any trade name, trademark, logo, legal or official seal or copyrighted symbol that may be reflected in the linked site.
Feedback
Any comments or feedback you provide to NL Coleman LLC regarding the Site or products or services available on or associated with the Site are deemed to be non-confidential. This includes suggestions, ideas, comments or other submissions to NL Coleman LLC, whether through the Site or otherwise. NL Coleman LLC shall be free to use such comments or feedback on an unrestricted basis, without compensation to you. You agree that no comments or feedback submitted by you to NL Coleman LLC will violate the rights of any third parties, including copyright, trademark, patent, privacy or other personal or proprietary rights.
Warranties and Disclaimers/Limitation of Liability
While NL Coleman LLC uses reasonable efforts to confirm the reliability and accuracy of information on the Site, there is no guaranty that such information is accurate, and therefore all information is provided on an “as is” basis.
NL COLEMAN LLC MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, PRODUCTS AND SERVICES AVAILABLE ON OR ASSOCIATED WITH THIS SITE FOR ANY PURPOSE. ALL SUCH MATERIALS, PRODUCTS AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. NL COLEMAN LLC SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NL COLEMAN LLC SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS SITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THIS SITE. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. IN NO EVENT SHALL ANY OF NL COLEMAN LLC, ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, LOSS OF PROFIT, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL OR REPUTATION OR WASTED MANAGEMENT TIME) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, THE MATERIALS, PRODUCTS AND SERVICES AVAILABLE ON OR ASSOCIATED WITH THIS SITE, THE DELAY OR INABILITY TO USE THIS SITE OR OTHERWISE ARISING IN CONNECTION WITH THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Contacting Us
If you have any questions about this agreement, please call us at (781) 646-1100 or send us an e-mail at thedailybloomco@gmail.com. Although NL Coleman LLC will in most circumstances be able to receive your e-mail or other information provided by you through this Site, NL Coleman LLC does not guarantee that it will receive all such e-mail or other information timely and accurately and shall not be legally obligated to read, act on or respond to any such e-mail or other information. Be aware that the Internet e-mail typically is not secure.
Jurisdiction and Governing Laws
You agree that this agreement and your use of this Site are governed by the laws of the Commonwealth of Massachusetts. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Boston, Massachusetts in all disputes (a) arising out of, relating to, or concerning this Site and/or this agreement, (b) in which this Site and/or this agreement is an issue or a material fact, or (c) in which this Site and/or this agreement is referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization. Use of this Site is unauthorized in any jurisdiction that does not give full effect to all provisions of this agreement, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. NL Coleman LLC has endeavored to comply with all legal requirements known to it in creating and maintaining this Site, but makes no representation that materials on this Site are appropriate or available for use in any particular jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of this agreement is at your own risk and, if any part of this agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall govern such use.
Miscellaneous
You agree that NL Coleman LLC may at any time and without notice change the terms, conditions and notices under which this Site is offered. NL Coleman LLC reserves the right in its sole discretion to deny access to the Site or any portion thereof to any person or user without notice.
NL Coleman LLC’s performance of this agreement is subject to existing laws and legal process and nothing contained in this agreement is in derogation of NL Coleman LLC’s right to comply with law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by NL Coleman LLC with respect to such use.
This agreement and the NL Coleman LLC Privacy Policy constitute the entire agreement between you and NL Coleman LLC with respect to this Site. This agreement and the NL Coleman LLC Privacy Policy supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and NL Coleman LLC with respect to this Site. No modification of this agreement shall be effective unless it is signed by an officer of NL Coleman LLC. Any alleged waiver of any breach of this agreement shall not be deemed to be a waiver of any future breach.